Johnson v. Hughart
Court of Appeals of Kentucky
Case 79 — PETITION EQUITY APPEAL PROM HANCOCK CIRCUIT COURT. 1. The consideration recited in the conveyance from Mrs. Miller to-Mrs. Hughart can not he' contradicted. The recital! of one dollar being but nominal,- may be supplemented by parol, but that of natural love and affection, is- real, and may not be contradicted or added to.
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Case 79 — PETITION EQUITY APPEAL PROM HANCOCK CIRCUIT COURT. 1. The consideration recited in the conveyance from Mrs. Miller to-Mrs. Hughart can not he' contradicted. The recital! of one dollar being but nominal,- may be supplemented by parol, but that of natural love and affection, is- real, and may not be contradicted or added to. Therefore it can- not be' shown' that the consideration was a surrender of Hughart’s notes. 2. Mrs. Hughart was not present at the execution of the- conveyance, and never subsequently accepted it. Nor is it shown' that John W. Hughart himself was present, or that…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
Edward Long, many years ago, died, owning a tract oí land lying and being in Hancock county, Kentucky, and supposed to contain one hundred and ninety-eight acres. Higdon and wife becoming the owners of two-thirds of said tract of land, on the — day of December, 1865, sold to appellee, John W. Hughart, by deed, which was duly recorded, said two-thirds. Martha D. Long owned the remaining third interest in said tract of land, and Margaret E. Long, widow of Edward Long, owned an unallotted dower in said tract of land. Not long after John W.…
2Cited by2 opinions
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- Meyer Bros. Drug Co. v. Pipkin Drug Co.Court of Appeals for the Fifth Circuit · 1905